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2014 SESSION

14102619D
HOUSE BILL NO. 377
Offered January 8, 2014
Prefiled January 3, 2014
A BILL to amend and reenact § 33.1-95.2 of the Code of Virginia, relating to billboard signs.
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Patron-- Anderson
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That § 33.1-95.2 of the Code of Virginia is amended and reenacted as follows:

§ 33.1-95.2. Adjustment or relocation of certain billboard signs.

A. Notwithstanding any other provision of law, general or special, whenever land is acquired due to the widening, construction, or reconstruction of any highway as defined in § 33.1-351, or for the erection of a sound barrier adjacent to such highway, by purchase or by use of the power of eminent domain by any condemnor and upon such land is situated a lawfully erected billboard sign as defined in § 33.1-351, such billboard sign may be relocated as provided in this section.

B. If a billboard sign meets all requirements under the provision of this title and § 4.1-113.1 in the case of outdoor alcoholic beverage advertising, but is considered nonconforming solely due to a local ordinance, the owner of the billboard sign, at his sole cost and expense, shall have the option to relocate such billboard sign to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking, provided the new location also meets all the requirements of this title and regulations adopted pursuant thereto. The billboard may remain in its original location until such time as the Commissioner of Highways or other condemnor gives notice to the owner of such billboard sign that construction is ready to proceed.

C. Nothing in this section shall authorize the owner of such billboard sign to increase the size of the sign face, and a relocated billboard sign shall continue to be nonconforming in its new location unless the relocated billboard sign becomes conforming in its new location under the local ordinance. The provisions of § 33.1-370.2 shall apply to any relocation.